Family Based Petition

Family-Based Petition

To petition for a family member to receive a green card (permanent residence), you begin by filing Form I-130, Petition for Alien Relative. This form establishes the family relationship that exists between you and your relative. Sometimes, the Form I-130 can be filed together with an application for permanent residence, officially known as Form I-485, Application to Register Permanent Residence or Adjust Status.

Bringing Spouses to Live in the United States as Permanent Residents

In order to bring your spouse (husband or wife) to live in the United States as a green card holder (permanent resident), you must be either a U.S. citizen or green card holder.

Bringing Children, Sons and Daughters to Live in the United States as Permanent Residents

The age and marital status of your children are important factors in the immigration process. For immigration purposes, a “child” is defined as being unmarried and under 21, whereas if a person is married and/or over 21, that person is defined as a “son” or “daughter”.

If you are a U.S. Citizen, you may petition for:

Children (unmarried and under 21)

Unmarried sons and daughters (21 or over) – Your son or daughter’s child(ren) may be included on this petition.

Married sons and daughters (any age) – Your son or daughter’s spouse and/or child(ren) may be included on this petition.

If you are a permanent resident (green card holder), you may petition for:

Children (unmarried and under 21) – Your child’s child(ren) may be included on this petition.

Unmarried sons and daughters (21 or over) – Your son or daughter’s child(ren) may be included on this petition.

Bringing Parents to Live in the United States as Permanent Residents

To petition for your parents (mother or father) to live in the United States as green card holders, you must be a U.S. citizen and at least 21 years old.

Green card holders (permanent residents) may NOT petition to bring parents to live permanently in the United States.

Bringing Siblings to Live in the United States as Permanent Residents

To petition to bring your sibling (brother or sister) to live in the United States as a green card holder, you must be a U.S. citizen and at least 21 years of age.

Permanent residents may NOT petition to bring siblings to live permanently in the United States.